Summary
adopting report and recommendation
Summary of this case from Bakery & Confectionery Union & Indus. Int'l Pension Fund v. Mrs. Maxwell's Bakery, Inc.Opinion
08-CV-0884 (RRM) (MDG).
October 27, 2009
ORDER ADOPTING REPORT RECOMMENDATION
On August 15, 2009, this Court entered default judgment against the Defendant in the above captioned matter [docket entry 7]. The matter was subsequently referred to Magistrate Judge Marilyn D. Go for a report and recommendation ("R R") concerning damages [id.]. On September 25, 2009, the Magistrate Judge issued an R R [docket entry 11] recommending that Plaintiff be awarded the following relief: $23,218.00 for losses to the Plaintiff fund; $4,244.04 for pre-judgment interest through September 30, 2009 and at a daily rate of $2.54 until the date of judgment; $1,812.50 in attorneys' fees; and $350.00 in costs, for a total judgment of $29,624.54; and no award of liquidated damages.
The R R — reciting the requirements for filing objections within ten days of service, pursuant to Fed.R.Civ.P. 72(b), and the consequences for failure to timely object — was served upon the Defendant by Federal Express on October 1, 2009. To date, neither party has filed objections to the R R.
If clear notice has been given of the consequences of failure to object, as here, and there are no objections, the Court may adopt the R R without de novo review. See Mario v. P C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error, see Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000); no such error appears here. Accordingly, the Court adopts the R R in its entirety.
CONCLUSION
The Court directs the Clerk to enter default judgment for Plaintiff as follows: $23,218.00 for losses to the Plaintiff fund; $4,244.04 for pre-judgment interest through September 30, 2009 and at a daily rate of $2.54 until the date of judgment; $1,812.50 in attorneys' fees; and $350.00 in costs, for a total judgment of $29,624.54. Upon entry of judgment, the Clerk is directed to close this case.
SO ORDERED.